Legal Briefs

Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.

Legal Briefs 2009

THE FACTS

For two years, the claimant had held employment with a mining drilling company. He worked on call when the company required him to work. For more than six months, he had been working on a cycle of 28 consecutive days on the company’s job site, followed by 14 consecutive days of

You filed a lawsuit in the Small Claims Court. You were told that you could not be represented in Small Claims Court by a lawyer, yet the other party is represented by a lawyer who is an employee of the company. Can a lawyer represent his employer in Small Claims Court?more

THE FACTS

Your youngster has been arrested following serious charges and the court is of the opinion that, for the public’s protection, he should be held in custody in a reception centre. Can he be placed in the care of a responsible person?more

Ambulance attendants came to my house and took me to the hospital although I refused to go. Upon my arrival, the doctors refused to let me leave and they decided to keep me there even though I was firmly opposed to being hospitalized. Can I be kept in the hospital against my will?more

As a recipient of individual social assistance, can you act as a sponsor for your partner or your children so they might immigrate to Quebec? If yes, can the government require you to repay any increase in social assistance that you then receive under the family assistance program?

THE FACTS

A woman who is receiving individual social assistance, signs a contract of sponsorship so that her husband can immigrate to Quebec. When her husband arrives in the country, the woman files a claim for family social assistance. Some time later, the Ministry of Employment and Social Solidarity asks her to repay almost $4,000, or, the increase in social assistance payments she has received since her husband’s arrival. It is alleged that she took it upon herself to provide for the essential needs of her husband and that should her husband receive social assistance, she is required to repay that sum to the ministry. The Tribunal administratif du Québec welcomes the request for appeal and claims that the woman is not required to reimburse the payments. The Superior Court confirms the decision. The ministry appeals the case.

THE ISSUE

Must the woman reimburse the increase to the social assistance payments she has been receiving since her husband’s arrival, a total of $4,000?

THE DECISION

According to the Tribunal, the recipient is not required to reimburse the increase in social assistance payments that she has been receiving since her partner, the person she sponsored, has been living with her.

THE GROUNDS

Where a person signs a contract of sponsorship for one’s partner or children, the person is not required to prove that they have financial resources. It is in fact, the government’s policy to favour the reunification of the family unit. In this particular case, the fact that the woman was receiving social assistance when she signed the contract was not an issue. Once her husband arrived however, she was legally obliged to declare her new family status, which she did. As a result, she then received payments under the family social assistance program. It would not make sense to require her to repay an amount for which she was automatically eligible by virtue of the new family status. Further, the woman did not neglect her obligation to provide for the basic needs of her partner who began living with her on the day of his arrival. The Court of Appeal concluded that the woman is not required to repay the Quebec government the sum of $4,000.

Legal brief *September2009Number13Text prepared byLe jugement dont il est question dans cette chronique a été rendu en fonction des éléments de preuves soumis au tribunal. Chaque situation est particulière. Dans le doute, nous vous suggérons de consulter un avocat de l’aide juridique. / The jugement discussed in this article was rendered based on the evidence submitted to the court. Each situation is unique. If in doubt, we suggest you consult a legal aid lawyer.Update byCommission des services juridiques* The information set out in this document is not a legal interpretation.The masculine is used to designate persons solely in order to simplify the text.

You’ve been working in the public service for a number of years. Your union wins a strike vote and several days later, the strike begins. Your employer then fires you for having participated in an illegal strike. Are your union and your union representative responsible for your dismissal?more

While taking part in a golf tournament you were hit in the forehead by a golf ball as you were getting ready to make your tee shot on the 11th hole. Can the golfer whose ball hit you be required to compensate you for the damages you suffered?more

After you have been seated at a restaurant, the waiter asks you to check your coat. At the end of the evening, your coat is missing. Can you make a claim against the restaurant for the value of your coat?more

When leaving school one day, your five-year-old is injured by ice falling from the roof of a building. The building is adjacent to the only road leading to the school; the school has access to the road by virtue of a servitude granted to the School Board. Who is responsible for the damages in thimore